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Section 88: Application to Civil Court for order for the payment of cost of maintenance out of the lunatic's estate, or by person bound to maintain him

Indian Lunacy Act 1912Union territory Act of Chandigarh · Act 4 of 1912

If a lunatic detained in an asylum on a reception order made under Sec. 14, Sec. 15 or Sec. 17 has an estate applicable to his maintenance, or if any person legally bound to maintain such lunatic has the means to maintain him, the authority which made the reception order or any local authority liable for the cost of maintenance of such lunatic under any law for the time being in force may apply to the High Court or District Court within the local limits of the original jurisdiction of which the estate of the lunatic is situate or the person legally bound to maintain him resides, for an order for the payment of the cost of maintenance of the lunatic.

Bombay Amendment.—In the State of Bombay, the following amendments have been made in Sec. 88 by Bombay Act XV of 1936 j

(i) after the words "has the means to maintain him", the words "or if any local authority is liable for the cost of maintenance of such lunatic under any law for the time being in force", shall be inserted ;

(ii) the words "or any local authority liable for the cost of maintenance of such lunatic under any law for the time being in force", shall be omitted;

(iii) after the word "resides" the words "or the local authority liable for the cost of maintenance is constituted" shall be inserted ;

(iv) at the end of the original note, the following shall be added, namely:

"or by local authority liable for such costs".

Madras Amendment .—In Sec. 88, the following amendments have been made by Madras Act XV of 1938 :

The words and figures "on a reception order made under Sec. 14, Sec. 15 or Sec. 17" have been substituted by the words and figures "on a reception order made under Sec. 7, 10, 14, 15 or 17 or on an order under Sec. 8 or 16" and the 30 words "authority which made the reception order" have been substituted by "authority which made the reception or other order aforesaid".

Where this provision sits

ActIndian Lunacy Act 1912
Section88
Marginal noteApplication to Civil Court for order for the payment of cost of maintenance out of the lunatic's estate, or by person bound to maintain him
JurisdictionUnion territory of Chandigarh
StatusIn force as published by the source

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